Orlando Child Custody Attorney
Seek Support From Our Experienced Child Custody Lawyer in Orlando
Child custody can be one of the most difficult and contested aspects of a divorce. The children’s well-being is usually the greatest concern when parents split up.
At The Law Office of Paulette Hamilton, P.A., our Orlando child custody lawyers understand the problems you may be facing in regards to custody. Our firm is dedicated to helping you and your spouse or unmarried partner find ways to resolve your differences effectively.
To discuss your issue with our Orlando child custody lawyers, call us at (407) 624-5344 or request a consultation online.
Child Custody Guidelines & Policies in Florida
Our child custody attorneys in Orlando handle all types of issues related to child custody, including:
- Time-sharing
- Temporary custody
- Paternity
- Full custody
- Relocation, including international relocation cases
- Parental relocation disputes
Custody Terms in Florida
Florida has done away with terms such as “custody,” “custodial parent,” and “noncustodial parent.” Florida courts now assign parental responsibility to parents, either sole responsibility or shared responsibility. Visitation rights have now been termed as time-sharing arrangements in which parents create a parenting plan that details those arrangements.
Understanding Custody Terms in Florida
When it comes to child custody in Florida, it's important to understand the different terms and arrangements that may apply to your situation. Our experienced Orlando child custody attorneys can help you navigate the complexities of custody laws and policies in the state.
Some key custody terms to be aware of include:
- Legal Custody: This refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religious upbringing.
- Physical Custody: This determines where the child will live and how visitation schedules will be arranged.
- Joint Custody: Both parents share the responsibility for making decisions and caring for the child.
- Sole Custody: One parent has full responsibility for making decisions and caring for the child.
By understanding these terms and their implications, you can work towards reaching a fair and sustainable custody arrangement that prioritizes the well-being of your child. Contact us today to discuss your case with our dedicated child custody lawyers in Orlando.
Creating a Parenting Plan
When creating a parenting plan, you will need to decide:
- With whom your child(ren) will live the majority of the time
- When your child(ren) will spend time with the other parent
- How responsibility will be shared for major decisions concerning the child’s health, education, religious upbringing, and other important matters
- How child support will be impacted by living arrangements with each parent
In determining child custody matters, the court’s priority is always what is in the best interests of the child. Courts favor children having a continuing and meaningful relationship with both parents unless some factor – such as substance abuse or domestic abuse – would prohibit it.
What is the New Custody Law in Florida 2023?
As of July 1, 2023, Florida has a new child custody law that creates a rebuttable presumption that equal timesharing is in the child's best interest. Courts must presume that equal timesharing is in the child's best interest when creating or modifying a parenting plan.
The new law also gives equal parental rights to unwed fathers. Biological fathers who voluntarily acknowledge paternity and complete the necessary paperwork to appear on the child's birth certificate will have the same rights to parent their child as the unwed mother.
The new law is known as the "Good Dad Act."
How Can I Get Full Custody of My Child?
A court will only grant full custody if it is determined to be in the best interests of the child. Full custody will not happen due to a request, but rather due to the judge determining that it will truly benefit the child.
Is There a Difference Between Full and Sole Custody?
No — full and sole custody are the same. Full custody is not a legal term, meaning that it is only used to refer to a sole custody. Additionally, an individual that refers to their child custody as ‘full custody’ may be referring to the fact that they have sole physical custody and sole legal custody of the child. It is possible for one parent to have full physical custody of a child, while sharing legal custody, or vice versa.
How do I File for Full Custody in Florida?
Florida law states that shared parental responsibility is typically in the best interest of the child, so if you are fighting for sole custody, you will need to state why shared custody would be detrimental.
If you are married and are seeking full custody of your children during divorce proceedings, you’ll need to file for custody in the county where you reside. However, if you are unmarried, you will need to file a Petition to Determine Paternity — even if this has been previously done in the county circuit court where you live. Then, the other parent will need to be served. Once they respond, you can respond accordingly.
Can a Father Keep a Child From the Mother in Florida?
A father cannot keep a child from a mother in Florida without a court order and a legally established paternity test. An unmarried mother in the child's sole custody must know she is protected under Florida child custody laws for unmarried parents.
Is Florida a Mother State?
In the case of parents that are not married, Florida is one of the states that designates the mother as the main custodian of a minor. Until paternity or custody is established, the mother has the sole legal rights of the child by default unless something changes. All mothers therefore have the right to establish paternity as well on behalf of the child.
What Is an Unfit Parent in Florida?
There are several potential reasons that could lead a parent to be unfit for child custody according to Florida Statute 751.05.
- They must have been negligent to the child or have abandoned their duties
- They could be unfit if they have a documented history of mental illnesses or drug usage
- Their home is deemed unsafe for a child to reside in
- False accusations or wrongful alienation is taking place
There are certainly other scenarios, and every case is different. Be sure to contact our child custody lawyers in Orlando to learn more!
Let Our Orlando Child Custody Lawyers Help You Reach a Fair Arrangement
Our firm is committed to helping you and the other parent of your child reach an agreement that works for everyone whether through negotiation, mediation, or litigation. We know how difficult this issue can be for many parents who may have difficulty agreeing on what is in their child’s best interests. However, our firm has helped countless parents resolve this issue and find a positive outcome at the end of the case.
Ready to discuss your case? Contact us online or at (407) 624-5344 to schedule a consultation with an Orlando child custody lawyer.
Our Clients Are an Extension of Our Family
Read the Opinions That Matter Most
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"She really fought for me."She helped me to get alimony after being married to an abusive man for 8 years. She didn't take any crap off of my ex or his attorney. She really fought for me. My alimony is only for 5 years but that is more than what other attorneys told me I could end up with. I am 38 and the other two attorneys I spoke with told me that I was young enough to get a job. I am very thankful for her and her hard work.- Elizabeth
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"Thank you so much for your professionalism"Angela worked with me and prepared smoothly everything for my divorce. She was very responsive and always ready to answer my questions. Thank you so much for your professionalism.- Taha E.
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"Attorney Hamilton is very rational and caring at the same time."Attorney Hamilton provided me with professional, personalized, caring services and was there for me throughout the complexity of my case, which resulted in agreed-upon resolutions. I had the services of 2 other attorneys prior to obtaining the services of Attorney Hamilton. One Attorney for the original dissolution of my 30-year marriage, and another attorney to assist me with the court proceeding for the breaches to the terms of the marriage settlement agreement. Needless to say after 5 years, at times, it almost felt hopeless, until, I obtained the skilled, experienced, professional services of Attorney Hamilton. She was always supportive, focused and again I want to say professional as she represented me throughout this process. Attorney Hamilton is very rational and caring at the same time. What I have learned through this experience is that when it comes complex breaches in interpersonal relationships, no matter how knowledgeable you might think you are; the LAW is the only thing that matters, when it comes to the Family Law System. Attorney Hamilton knows the laws and when she enters a court of law on your behalf; the court system recognizes her knowledge of legal protocol on multiple levels. Attorney Hamilton is the best of the best. I'm forever thankful for her service- Breda
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"A compassionate and thorough approach."Attorney Paulette Hamilton and her firm give a compassionate and thorough approach to any situation, with great insight on resolve. Highly recommend!- Elizabeth E.
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"Great experience with the law Firm."I had a great experience with the law Firm. They are professional and responded to my emails timely. I was very impressed that she was ready and willing to take my case to trial. I consider this law firm the best in Orlando from my experience.- livens D.
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"They provided comforting words when I felt like I could not take anymore."Paulette Hamilton and her team are very professional, savvy, and friendly. They are very knowledgeable and dependable. Paulette is an awesome, smart, beautiful attorney. She is brilliant!!! I recommend the Law office of Paulette Hamilton to anyone who is experiencing legal issues pertaining to family law. Karl and Susan are very compassionate and they are always ready to listen and provide an empathetic and sympathetic ear. I love that they provided comforting words when I felt like I could not take anymore. Thank you so much!!! This team is the best. Paulette has helped me and there are not enough words to express my gratitude and my thanks to Paulette and her firm. They treat you like family!!!!!- Elrica R.
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"Thank you Paulette, Angela and Susan."From the moment I first called in and spoke with the office manager, Susan, I knew then my case mattered - before even spending a dime. Paulette handled my consultation with care and knowledge. She did not make me feel rushed and assured me that my worries about the cost to fight was not as important as hearing my story. That helped me feel less pressure and focus on the matter at hand. I have had multiple free consultations, which are always rushed and never informative. Paulette did the complete opposite, we even laughed a little to help lighten the mood. My case was then assigned to my paralegal Angela, who I swear appeared very knowledgeable about the rules and procedures of my situation. She spent her time with me answering my questions, reassuring me and reminding me that this office is a team and I will never feel alone. Along the process we laughed together, cried together, and even celebrated - COVID style of course. Watching Paulette fight for me at trial meant so much. I felt extremely prepared and ready to hit head on. I appreciate how thorough Paulette and Angela were during this whole process. Honest and always kept me on track. While I don't plan to marry just to divorce again, I know if the time comes I have a confident legal team to back me up. You will regret not having contacted this law office. Thank you Paulette, Angela and Susan.”- Kym B.
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"I strongly recommend Paulette."I strongly recommend Paulette. She is diligent and very thorough!! Definitely one of the best!!- Janelle
